HomeMy WebLinkAbout2015-04-16 PZ MinutesU
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 16, 2015
Chairman Dodd called the meeting to order at 7:00 P.M.
The pledge of allegiance was said by all.
ROLL CALL: PRESENT: Mr. Roth Mr. McManus
Mr. Dodd Mr. Qizilbash
Ms. Kautenburg(a) Mr. Carter
Mr. Alvarez (a) Mr. Reyes
EXCUSED: Mr. Durr
ALSO PRESENT: Frank Watanabe, PE, Community Development Director
Dorri Bosworth, Planner
Robert Ginsburg, City Attorney
Jan King, Sr. Planner/Recording Secretary
Ms. Dale Simchick, IRC School Board Liaison was also present
ANNOUNCEMENTS:
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Chmn. Dodd stated that Mr. Durr was excused from the meeting and Ms. Kautenburg would vote
in his place.
APPROVAL OF MINUTES:
MOTION by Kautenburg/Carter to accept the minutes of the March 5, 2015 Local Planning
Agency meeting as submitted. Motion was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
A. ACCESSORY STRUCTURE REVIEW — LDC SECTION 54-2-7.5 — 201 DELAWARE
AVENUE — LOT 35, BLOCK 492, UNIT 15 - 24'x 25'(600 SF) SHED — DEREK DAVIS
The applicant and homeowner, Mr. Derek Davis, was present, and stated they had recently
moved to Sebastian to retire and requested approval of the proposed shed. The manufactured
structure was steel with vertical panels to match the T-111 panels on the house, of the same
color, with white trim. He stated the shed would be used as his workshop.
Ms. Bosworth reviewed that the lots in Block 492 were larger than the standard 80 X125 size and
had a 50 -foot FPL easement in the rear. A portion of the shed, 13 feet, would encroach into the
easement, but staff had received a written approval from FPL allowing it. She stated that there
were two smaller existing sheds in the same location as the new shed, but that they would be
removed. A tree survey was enclosed in the Commissioner's packet, indicating 12 trees that were
required would be remaining on the site. Ms. Bosworth stated staff recommended approval.
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2015
Mr. Reyes asked how vehicles would access the garage. Mr. Davis stated there was existing
access from the rear alleyway in the easement. He stated if the alleyway was ever eliminated, he
could access the shed from the side of the house. Ms. Bosworth explained that the unplatted,
rough, gravel alleyway was used by the FPL trucks and property owners alike, gates and fences
were never installed to block anyone, and although the city does not issue formal driveway
permits for these accesses, the City is OK with the use of the alleyway at this time. Mr. Reyes
asked if electric was being installed. Mr. Davis stated yes, at a later date.
Mr. Reyes stated he would like to see the same side yard setback used as the house so that the
shed was not seen from the street (13 feet (house) vs. 10 feet (proposed shed setback)] and felt
there was not enough room between the house and property line for future access, if needed. Mr.
Davis stated currently you could not see the backyard from the street, and Ms. Bosworth
explained that concrete could be permitted up to the property line and 13 feet was wide enough
for a driveway.
Mr. Roth asked if the repairs/work to be done in the shed was for profit. Mr. Davis responded no.
The height of the house was discussed, which Mr. Davis had the house at 17.5 feet. Mr. Carter
asked if additional landscaping was required. Ms. Bosworth stated no, only if the structure was
over 750 SF in size. Ms. Kautenburg asked about what trees were going to be removed, and
noted that the encroachment into the easement could be a title problem down the road.
MOTION by Roth/Carter "to approve the structure planned for 201 Delaware Avenue, Lot 35, as
submitted with the staff requirements."
Mr. Reyes asked to have the motion amended to add that the side setbacks of the house and
shed be the same. Mr. Davis stated he disagreed with the proposed condition, that he was
meeting the required setback, and the additional feet may then require more trees having to be
removed. Mr. Reyes rescinded his request.
ROLL CALL: Mr. Qizilbash yes Ms. Kautenburg yes
Ms. Roth yes Mr. Dodd yes
Mr. McManus yes Mr. Reyes yes
Mr. Carter yes
The vote was 7-0. Motion carried
B. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN & WAIVER — O'REILLY AUTO
PARTS — 6,972 SF RETAIL BUILDING — 220 SEBASTIAN BOULEVARD —
COMMERCIAL GENERAL (CG) ZONING DISTRICT — REQUESTED WAIVER FROM
LDC SECTION 54-4-21.A.7: RIVERFRONT OVERLAY LANDSCAPE
REQUIREMENTS
Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose.
There was none. The applicant/representative and staff were sworn in by the City Attorney.
Mr. Ryan Givens, a land planner representing the applicant (no company name was given),
reviewed details of the proposed site plan also stating that the building was one of the smaller
prototype that the company had, and they were providing more parking than the minimum
required. He stated that, as noted in the staff report, the additional 27 hedge plants needed to
meet minimum requirements would be provided, and they were in agreement with the other two
conditions in the report.
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2015
Ms. Bosworth further detailed that the commercial subdivision had an existing master stormwater
system that the site would be hooking into and the modification permit from St. John's had
already been received. She noted that the environmental study that had been submitted with the
application was outdated by a year and a more current study had been requested or submittal of
a statement letter from the environmental consultant that the information was still valid. The
applicant was working on getting that to staff. Ms. Bosworth explained the history of the
subdividing of the original property and the request from Indian River County for the Maintenance
and Drainage Easement along CR 512 at that time. Since a portion of the applicant's landscape
buffer, drainage, and irrigation was located in the easement, she stated staff had required an
approval from the county. To satisfy their initial concerns, the applicant proposed a gravity wall
and the county forwarded their approval with conditions, which were noted in the staff report. The
wall would be stucco'd and painted to match the building.
Ms. Bosworth then reviewed the applicant's request for the landscape waiver, and discussed the
comparison charts included in the Commissioner's packets. She explained that the landscape
plan was 27 hedge plants short of the minimum required from the general code, and the applicant
previously stated they would amend the plan. She stated the waiver was specifically for 21
canopy trees, 41 understory trees, and 482 foundation shrubs. Staff compared the adjacent
Sherwin Williams site and stated they had not requested any landscape waivers and was able to
plant all the required materials on a comparable sized lot and building. Ms. Bosworth stated staff
was suggesting a portion of the understory trees be planted as infill between the canopy trees
along the street right -of ways. Staff recommended approval of the plan with the three conditions
as discussed.
Mr. Dodd asked if the remaining portion of the subdivision had been platted, how many lots
existed, and who maintained the stormwater system. Staff stated there were 4 platted lots, and
the Property Owners Association was responsible for the pond. Mr. Dodd also questioned if the
wall would need to be extended to the adjacent lot to the east when it was developed, and how
would it match that building. Ms. Bosworth stated the new site may not need a wall if there
weren't any encroachments, but staff would require the wall to be consistent. Mr. Dodd stated he
felt all the sites should have similar landscaping and was glad staff had researched the Sherwin
Williams plan.
Mr. Carter questioned why the waiver was being requested. Mr. Givens stated there was not
enough room on the site to accommodate all of the required trees for that size of a lot, and they
would have to shrink the building to fit. Mr. Dodd asked staff how the requirements would differ if
the C512 Overlay was used instead of the Riverfront's. Ms. Bosworth stated the 512 Overlay
required additional landscaping along the street fronts and does not require the foundation
plantings.
Mr. Qizilbash asked if they granted a waiver from only the Riverfront requirements would the site
meet the C512 requirements. Ms. Bosworth stated they would need to add understory trees
along the streets and 3 additional canopy trees to be incompliance.
Mr. McManus stated was glad to see the business come into town, and felt the property was far
enough away from the Riverfront District to have to meet those requirements, and would rather
see them meet the C512 requirements.
Mr. Roth had questions regarding the [gravity] wall's location and height. Staff stated it was
shown on Sheet C-7, read Note #18, and gave details regarding the finished grade elevations.
Mr. Roth stated he thought it was an attractive site and would be an asset to the city.
[7:32 p.m. - At this time, severe weather knocked out power for approx. 1 minute]
Mr. Reyes stated he felt the subdivision layout/design was accounting for some of the problems
with the landscaping because of the access easement and had landscaping concerns for the
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2015
remaining two lots. Staff stated driveways and access points are subtracted from lineal footages
used for calculations, and adjacent lots can share buffers when developed.
Ms. Kautenburg stated she looked forward to the site being developed, but also didn't understand
the hardship for the waiver request, and hated to see that many trees not being planted.
Mr. McManus had additional questions regarding the wall and its height. Mr. Watanabe clarified
that the wall was not above grade and but was a retaining wall.
Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
Ms. Bosworth summarized that staff recommended approval of the site plan with the three
conditions listed in the staff report, including the Commissioner's consideration of the waiver
request.
During the deliberation Mr. Alvarez asked how many employees there would be. Mr. Givens
stated potentially nine. Mr. McManus reiterated he did not want to see the site held to the
Riverfront requirements and asked staff how many trees were needed to comply with the C512
requirements. Ms. Bosworth stated 10 understory trees on the west and 12 understory trees on
the south, with the trees needing to be 5 to 6 feet in height at planting. Mr. Dodd agreed with
having them meet the C512 regulations. Mr. Roth stated he was glad that the site had designed
the delivery area away from street visibility.
Mr. Givens clarified how many trees were needed, and Mr. Dodd responded that the
Commissioners were confident with staff to allow them to work with the applicant on how many
trees should go on the revised plan. There was further discussion on what types of trees could be
planted.
Mr. Ginsburg discussed the language that chould be used in the motion.
MOTION by DoddlQizilbash "to approve the site plan for O'Reilly's Auto Parts located at 220
Sebastian Boulevard with condition #1 & #2 as proposed in the staff report, and condition #3
would read that we grant a landscape waiver so that the site plan substantially is in accordance
with the C512 Overlay Code."
ROLL CALL: Mr.
Reyes
yes
Mr. Dodd yes
Mr.
Roth
yes
Mr. Carter yes
Mr.
McManus
yes
Ms. Kautenburg yes
Mr.
Qizilbash
yes
The vote was 7-0. Motion carried.
CHAIRMAN MATTERS:
Chmn. Dodd thanked the city and staff for the workshop that City Council held on meeting
procedures and the presentation by [Marilyn Crotty]. From the workshop, with regards to keeping
others informed with the upcoming landscaping revisions, Mr. Dodd asked Mr. Watanabe to ask
Mr. Griffin if they could do a presentation to City Council summarizing why the landscaping code
was being revised, where they were with the process, and if the Council had any input or
comments. Chmn. Dodd stated this could also eliminate wasted time if the Council did not agree
with the direction the Commissioners were taking with the revisions. Mr. Watanabe agreed with
the idea and stated he would approach the City Manager with the request. Mr. Roth suggested
letting the City Council know that the Chamber's suggestions and information had been
previously reviewed and considered during their earlier discussion.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2015
MEMBERS MATTERS:
Mr. Alavarez mentioned that the sidewalk in front of Cumberland Farms had still not been
repaired yet and he did not want it to become a city liability. Mr. Watanabe stated the sidewalk
was under Indian River County's jurisdiction and in the CR 512 right -of way. He stated he would
call the county engineer and relay the information.
Mr. Roth asked about the status of the sidewalk along Barber Street across the railroad tracks
which he presumed was tied in with All Aboard Florida. Mr. Watanabe stated the city's
preliminary plans for sidewalks across Barber, Schumann, and Main were already submitted, and
he expected in the near future to receive the 90% plans from AAF regarding their plans for the
crossings to verify the inclusions of the sidewalks at those crossings since St. Lucie County had
recently received their plans [from AAF]. There was also a discussion on proposed Quiet Zones,
being on the grant list for the upgrade, and the long amount of time to get any construction
started.
Mr. Reyes verified who was maintaining the rear ditches on the residential lots, and if it was still
city workers. Mr. Watanabe updated the Commissioners with recent history and the current
system in place. Mr. Reyes noted that when fences were permitted to be placed on the rear
property line the homeowners were maintaining the ditch, but in other places the homeowners
were not and that was where the problems seemed to be. He asked if there was a master
stormwater plan in place, and felt the city was using unnecessary funds to clean the ditches when
the homeowner should be maintaining it themselves. Mr. Watanabe stated some homeowners
were very proactive keeping the ditches clean, but because of those who weren't, the city needed
to keep the ditches functioning. Mr. Reyes stated when fences aren't permitted to be on the rear
property line, but only on the easement line, it restricted the homeowner from accessing their
entire property and the rear ditch got ignored. In response to a question, Mr. Watanabe stated
the stormwater master plan was updated four years ago, and was current.
Ms. Kautenburg asked if there was a cost-sharing program between the city and residents to pipe
the larger ditches so that in the end it was easier for the residents to maintain and the city could
save funds. A discussion ensued on how the costs of piping and materials have increased. Mr.
McManus noted piping would eliminate perculation, which was the purpose of the ditches.
DIRECTOR MATTERS: None
ATTORNEY MATTERS: None
Chairman Dodd adjourned the meeting at 8:06 p.m. (d6)